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BARTON v. HIGGS

No. 26594.

381 S.C. 367 (2009)

674 S.E.2d 145

David H. BARTON, Employee, Claimant, v. William Ian HIGGS d/b/a Iyanel Enterprises and Total Home Exteriors, Inc., Employers, and Key Risk Insurance and SC Uninsured Employers Fund, Carrier, Defendants, of whom Total Home Exteriors, Inc., Employers, and Key Risk Insurance are the Respondents, and SC Uninsured Employers Fund is the Petitioner.

Supreme Court of South Carolina.

Decided February 9, 2009.

Rehearing Denied April 6, 2009.

Attorney(s) appearing for the Case

Amy V. Cofield, of Lexington, and Latonya Dilligard Edwards, of Columbia, for Petitioner.

David A. Wilson and Michael A. Farry, both of Horton, Drawdy, Ward & Jenkins, of Greenville, for Respondents.

Chief Justice TOAL:

In this workers' compensation case, the court of appeals held that Petitioner South Carolina Uninsured Employers' Fund (the Fund) was responsible for paying benefits to an injured employee. Barton v. Higgs, 372 S.C. 109, 641 S.E.2d 39 (Ct.App.2007). We granted a writ of certiorari to review that decision and now reverse.

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